122 F.4th 699

Officer fired two projectiles, skipping them off the ground at retreating protestors, striking plaintiff in the eye causing a complete loss of vision in that eye; court rejects First Amendment retaliation claim on ground that officer did not single plaintiff out either as an individual or as part of a group; court argues one cannot simultaneously single out victims and indiscriminately spray a crowd.

Officer fired two projectiles, skipping them off the ground at retreating protestors, striking plaintiff in the eye causing a complete loss of vision in that eye; court rejects Fourteenth Amendment violation of substantive due process claim on ground officer did not shock the conscience because he did not intend harm; rejects deliberate indifference standard because officer lacked time to make unhurried judgment.